NYcarbineer
Diamond Member
The constitution obligates government to ensure that students are allowed to exercise that right. Like I said before, the university is funded by the government, meaning it is bound to the same obligations of perpetuating free speech (equally and for all) as the government is, so long as such speech does not cause a disruption. As Rosenberger clearly points out, universities can't enforce regulations that limit the speech of the student body.
So in this case, it is a constitutional right. Pure and simple.
(Don't take this the wrong way but you're making very good arguments)
So assuming the plaintiff were to prevail,
whose responsibility are the security fees, this one, and those in the future?
It would be the university's right to apply a fee. If equally and without discrimination. If it is indeed so afraid such debates (or any debates for that matter) will cause a disruption, they would be well within their rights to charge a uniform security fee to all groups on campus. In this case, it chose to apply this fee discriminately, and when no regulation existed beforehand to justify it.
Should the plaintiff win out, the school will be forced to A) apply the fee equally or B) drop the fee idea altogether. On the other hand, the school can simply contract a security firm to watch over debates and other events held on campus without charging the student body an inordinate fee, or no fee at all. If it did this equally there would be no constitutional issue here.
But the main issue here is, as provided in Sonnier, Forsyth, and Rosenberger, you cannot charge a variable fee to a group simply because they have a controversial view, thus placing an unfair burden on their right to express that view. It doesn't matter how well intentioned the motive might be, it is still unconstitutional, in addition to it being a form of viewpoint discrimination.
Universities have legal obligations to the safety of the students.
My personal opinion of this matter is stalled without being able to see the records of previous security fees charged to student groups.